IN RE ESTATE OF SILVA

No. 9664.

105 Ariz. 243 (1969)

462 P.2d 792

In the Matter of the ESTATE of Marian SILVA, Deceased. George J. SILVA, Stella Foster and Manuel J. Silva, Appellants, v. Frances MIRAMON, Appellee.

Supreme Court of Arizona. In Division.

Rehearing Denied January 13, 1970.


Attorney(s) appearing for the Case

Stockton & Hing, Phoenix, for appellants.

Gust, Rosenfeld & Divelbess, Phoenix, for appellee.


UDALL, Chief Justice.

This is an appeal from an order directing a verdict for the proponents of the will of Marian Silva, in a contest brought by her sister and two brothers, on the grounds of undue influence and lack of testamentary capacity.

Many of the facts are denied, but their truth is not in issue on a motion for a directed verdict made by the will's proponent. Such motion admits the truth of all of the contestants' evidence and of all reasonable inferences...

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